Just some of the stupid things I see

Osokusmc:

 

I would like to take a moment and let DB and our other LEO contributors know I do not begrudge them doing a legitimate service to their respective jurisdictions and my own personal safety. Log books are a necessary part of this job or we'd have far more lawless cowboys than we already do. In many ways, DOT officers are kind of like our on-site Safety department and if it weren't for them, we'd see a lot more rolling junk on the road than we do now and I am happy we have folks like DieselBear out here with us.

When I speak of Fourth and Fifth Amendment rights, I am not speaking of log books, permits, licensing and equipment inspections. These are items necessary to our vehicles, our specific jobs and are open to reqest and inspection by any DOT officer. I am referring to this mentality, especially of newer officers, that they are allowed access to any part of the truck whether that area has anything to do with the operation of the vehicle or not. Case in point: Minnesota's ill-conceived fatigue program wherein officers were instructed to make a judgment call on a driver because he had Playboys and didn't take out the trash. That sleeper berth is my home when I'm not at my home. I have just as much right to protection from unreasonable search/seizure and deprivation of my liberty and property without due process in that small home as I do in any home permanently attached to the ground....or any four-wheeler would expect on a roadside stop.

If it's in plain view, it's yours to inspect. If it's in a closed cabinet or my sleeper curtain is drawn, you need either my permission or exigent circumstances to believe a crime is being committed in order to access those areas. If I refuse my permission to search, that refusal by itself is not probable cause to initiate a search of my personal, enclosed areas. (Fourth Amendment) You may not unreasonably detain me for a fishing expedition. (Fifth Amendment) Regardless of the drivel being taught in today's Liberal "education" establishments, these Amendments are plainly written and mean what they mean. They are not voided simply because my home is attached to my place of work.

That said, you absoutely have the right and responsibility to request licensing, insurance, log books, medical cards, BOLs, permits and even a wizz quiz if you so choose. You are allowed access to any open cab area and any open cabinet. Just let me get my dog out first. You are allowed to open my trailer and inspect my cargo as long as you don't mind signing for the seal. I'll even help you open the doors. After looking at all of this stuff, you should be so sick of me you can't wait to get me on down the road...and not even want to go through my cabintes and living area. Of course, by this time, you will have a pretty good picture of who you're dealing with and whether probable cause exists to initiate a more in-depth search.

And I do thank you for your service. I appreciate what you do and the fact of placing your life on the line each time you put on that uniform. And the stories you share here. Keep it up, DB and all other contributing LEOs.

 

110% agree with you, Injun!!!

I couldn't have said it better myself!

 

I've been retired from LE since '97. (Ok wise guy that is 1997, not 1897.) Anyway, back to the point I wanted to make. . .

The search and seizure laws defined in the Constitution are constantly being changed by "court decisions." For many years, certain courts and judges have felt it incumbent upon themselves to change the law, pretty much on a whim.

Anyway, case law on vehicle search and seizures seemed to be something the CA 9th just LOVED to play with. Staying on top of whatever current ruling they were going by, took a lot of research. And it left a lot of pretty good cops, confused as hell. Many times, even the district attorney's offices' wouldn't know if what had been done was currently "a legal search" or not.

I haven't even tried to keep up with it since then, and am really glad I no longer need to.

There are some facts of life here with case law: Bad street decisions made by cops, lead to bad case law. Decisions that the street cop has minutes to make, are reviewed for months and sometimes years, but the courts. Judges are even confused by conflicting high court rulings.

It is not an easy subject to deal with.

 

A false log is a false log. It can be done by accident or on purpose. If the mistake is one that gives the driver less hours to work law enforcement will be more prone to seeing it as a mistake. If it in some way helped the drivers hours they will be more prone to believe that you are lying and trying to cover something up.
The driver is the one that will be left trying to fight their case either way.
And the word of a driver will not be enough to prove that the mistake was not done with the intent to deceive.

 

Closed curtain or not, a DOT officer is allowed to check the sleeper to make sure it is in compliance with the FMCSA regs.

 

Which means what, that he can glance in to see if a mattress is in the bunk? There are no regs about rifling through my personal belongings.

 

You folks seem to be thinking on a smaller scale then you should be, the LEO or deputy, or trooper whatever the case maybe is not the issue, the chief or commander of that LEO's station is not the issue. When you spout off your "rights" you need to remember those rights are on a piece of paper that everyone can quote when it helps them out, but "your" government can change them at a whim, and is constantly doing so. The Law enforcement of today has more liberties and exceptions than most tryants armies of the past.

Because of the acts of the few, the many must suffer. Refuse the search if you get pulled over, refuse to let the LEO see in your sleeper, more power to you. Im saying the clowns wearing red and blue living the good life on our dime should be held responsible if any of this is to change, not the guys writing the tickets.

That being said a bit of background is in order to head off the comments that are sure to come from my opinion. I spent 6 years in the army and was wounded in combat and now have the magic blue ID card, my military occupation?....you guessed it Military Police.

Beat on the doors of your local politicians offices untill the working man can make a decent living again, and that piece of paper means something again.

 

Don't forget the white sheets also.